The issue of hate speech has received significant attention from legal scholars and philosophers alike. But the vast majority of this attention has been focused on presenting and critically evaluating arguments for and against hate speech bans as opposed to the prior task of conceptually analysing the term ‘hate speech’ itself. This two-part article aims to put right that imbalance. It goes beyond legal texts and judgements and beyond the legal concept hate speech in an attempt to understand the general (...) concept hate speech. And it does so using a range of well-known methods of conceptual analysis that are distinctive of analytic philosophy. One of its main aims is to explode the myth that emotions, feelings, or attitudes of hate or hatred are part of the essential nature of hate speech. It also argues that hate speech is best conceived as a family resemblances concept. One important implication is that when looking at the full range of ways of combating hate speech, including but not limited to the use of criminal law, there is every reason to embrace an understanding of hate speech as a heterogeneous collection of expressive phenomena. Another is that it would be unsound to reject hate speech laws on the premise that they are effectively in the business of criminalising emotions, feelings, or attitudes of hate or hatred. (shrink)

The issue of hate speech has received significant attention from legal scholars and philosophers alike. But the vast majority of this attention has been focused on presenting and critically evaluating arguments for and against hate speech bans as opposed to the prior task of conceptually analysing the term ‘hate speech’ itself. This two-part article aims to put right that imbalance. It goes beyond legal texts and judgements and beyond the legal concept hate speech in an attempt to understand the general (...) concept hate speech. And it does so using a range of well-known methods of conceptual analysis that are distinctive of analytic philosophy. One of its main aims is to explode the myth that emotions, feelings, or attitudes of hate or hatred are part of the essential nature of hate speech. It also argues that hate speech is best conceived as a family resemblances concept. One important implication is that when looking at the full range of ways of combating hate speech, including but not limited to the use of criminal law, there is every reason to embrace an understanding of hate speech as a heterogeneous collection of expressive phenomena. Another is that it would be unsound to reject hate speech laws on the premise that they are effectively in the business of criminalising emotions, feelings, or attitudes of hate or hatred. (shrink)

In the immediate aftermath of the Second World War, Thomas Mann and Georg Lukács both sought to come to terms with the multifaceted role of philosophy in the catastrophe of fascism. The figure of Nietzsche is examined in Mann’s Nietzsches Philosophie im Lichte unserer Erfahrung and Lukács’ Die Zerstörung der Vernunft. It is generally recognised that Mann’s lecture helped to shape the post-war Nietzsche reception in the West as much as Lukács’ treatise did in the East. In contrast, I argue (...) that Mann’s and Lukács’s contributions have more in common than is generally acknowledged and, given Mann’s esteem in the field of Nietzsche studies, that these similarities call into question the general repudiation of Lukács’ Nietzsche-Bild. After sketching the phenomenon of partisanship in the reception of Nietzsche through the lens of Kant’s notion of a ‘Kampfplatz’, some of the key topoi of Lukács’ work are identified, highlighting the aforementioned similarities in content and methodology as well as the contrasts with Western academic approaches. (shrink)

The paper critically examines a series of objections to luck egalitarianism raised by Elizabeth Anderson in her essay “What is the Point of Equality?” According to Anderson, current egalitarian writing has come to be dominated by the distinction between choice and brute luck and that strict adherence to this distinction will mean treating some people in ways we have other egalitarian reasons not to want to treat them.A case is made for moving the debate on by adopting a pluralistic view (...) of the fundamental egalitarian impulse that combines concerns about the influence on people’s lives of brute luck with more traditional egalitarian concerns. It is perfectly consistent with pluralistic egalitarianism to say that someone who faces social oppression or lacks effective access to valued functionings should receive public assistance even if not qua the victim of brute luck. (shrink)

Adult education has long been the Cinderella of the education system. This is not helped by the fact that there is currently an impasse between employers, government and individuals over who should finance such training. So what, if anything, can philosophers do to help resolve the normative question of who ought to pay, setting aside for the moment the practical question of how this might be put into effect? An important strand of contemporary egalitarian philosophy argues that equality of opportunity (...) for education should be implemented in such a way that children with the same level of talent and the same willingness to make an effort have the same opportunity to attain skills and qualifications such that they are each able to compete effectively with others for advantageous positions and rewards in society. But what about children or teenagers who drop out of education or make such little effort that they achieve wholly inadequate exam results? Should they be offered second and third chances for free education as adults funded by the state? A case is made for lifelong as opposed to one‐off equality of opportunity for education on a number of grounds, including efficiency, utility, the value of choice, the social bases of self‐respect and responsibility‐catering prioritarianism. This last view supports lifelong access to education but with the additional stipulation that adults should contribute at least some of the costs themselves in so far as they are accountable for not making enough effort the first time around. (shrink)

The article responds to an overlooked objection put by Allen Buchanan to John Rawls’s theory of justice: that implementing the Difference Principle over time may require gross and frequent disruptions of people’s framing and execution of long-term plans. Having strengthened Buchanan’s objection to resolve significant weaknesses in his main counterexample, I argue that the best response to this objection draws on the concept of the rule of law, specifically, the legal doctrine of legitimate expectations, which can be found in English, (...) French, and European Union administrative law. I also explore the suitability of incorporating this doctrine into Justice as Fairness given its absence in United States constitutional and administrative law. Finally, I turn to consider the question of what the government owes to agents in whom legitimate expectations are induced and then frustrated. Here I introduce the Precept of Administrative Liability. (shrink)

In his article, ‘What Should Egalitarians Believe?’, Martin O’Neill argues, amongst other things, that egalitarians should reject both Telic and Deontic Egalitarianism and that they should adopt in their place a version of Non-Intrinsic Egalitarianism, specifically, the Pluralist Non-Intrinsic Egalitarian View. The central purpose of my article is to challenge O’Neill’s assumption that he can defend each of the various propositions that make up his position simultaneously. I do this with two arguments. First, I argue that in order to justify (...) why egalitarians should adopt a version of Non-Intrinsic Egalitarianism, O’Neill is bound to rely on forms of egalitarianism that are either Telic or Deontic, and so he is no longer able to affirm that egalitarians should reject both Telic and Deontic Egalitarianism. Second, I argue that by allowing the inclusion of non-egalitarian reasons into the Pluralist Non-Intrinsic Egalitarian View, O’Neill opens the floodgates to an indefinite number of other non-egalitarian reasons, such that it is scarcely credible that the Pluralist Non-Intrinsic Egalitarian View really is an egalitarian view after all. (shrink)

Fairness in sport is not just about assigning the top prizes to the worthiest competitors. It is also about the way the prize structure itself is organised. For many sporting competitions, although it may be acceptable for winners to receive more than losers, it can seem unfair for winners to take everything and for losers to get nothing. Yet this insight leaves unanswered some difficult questions about what stakes fairness requires and which principles of stakes fairness are appropriate for particular (...) competitions. In this article I specify a range of different principles of stakes fairness that could regulate sporting competitions. I also put forward a theoretical method for pairing up appropriate principles of stakes fairness with given sporting competitions. Specifically, I argue that the underlying rationales for holding sporting competitions can provide useful guides for identifying appropriate principles of stakes fairness. I then seek to clarify and work through some of the implications of this method for a sample of real world controversies over sporting prize structures. I also attempt to refine the method in response to two possible objections from indeterminacy and relativism. Finally, I compare and contrast my conclusions with more general philosophical debates about justice. (shrink)

Adult education has long been the Cinderella of the education system. This is not helped by the fact that there is currently an impasse between employers, government and individuals over who should finance such training. So what, if anything, can philosophers do to help resolve the normative question of who ought to pay, setting aside for the moment the practical question of how this might be put into effect? An important strand of contemporary egalitarian philosophy argues that equality of opportunity (...) for education should be implemented in such a way that children with the same level of talent and the same willingness to make an effort have the same opportunity to attain skills and qualifications such that they are each able to compete effectively with others for advantageous positions and rewards in society. But what about children or teenagers who drop out of education or make such little effort that they achieve wholly inadequate exam results? Should they be offered second and third chances for free education as adults funded by the state? A case is made for lifelong as opposed to one‐off equality of opportunity for education on a number of grounds, including efficiency, utility, the value of choice, the social bases of self‐respect and responsibility‐catering prioritarianism. This last view supports lifelong access to education but with the additional stipulation that adults should contribute at least some of the costs themselves in so far as they are accountable for not making enough effort the first time around. (shrink)

That government agencies and public bodies can be liable for damages when they induce and then frustrate people’s legitimate expectations is an important and distinctive feature of administrative law in Europe. This article sets out to establish a set of moral principles and ideals that might justify this legal institution. The notion of security of expectations found in the work of utilitarian writers provides a starting point. Having examined the strengths and weaknesses of this approach, I then turn to consider (...) an alternative argument based on finding a solution to the problem of credible commitments. Finally, I look for suitable moral arguments in the liberal and Kantian political theorising of John Rawls. I argue that if we see the function of the rule of law as not merely to maximise aggregate utility and to make policymakers’ decisions seem credible but also to ensure Justice as Fairness for individuals, then this provides a more robust and satisfactory way to justify the liability of public bodies for legitimate expectations they induce and then frustrate. (shrink)

Somatic mutations arising in human skin cancers are heterogeneously distributed across the genome, meaning that certain genomic regions (e.g., heterochromatin or transcription factor binding sites) have much higher mutation densities than others. Regional variations in mutation rates are typically not a consequence of selection, as the vast majority of somatic mutations in skin cancers are passenger mutations that do not promote cell growth or transformation. Instead, variations in DNA repair activity, due to chromatin organization and transcription factor binding, have been (...) proposed to be a primary driver of mutational heterogeneity in melanoma. However, as discussed in this review here, recent studies indicate that chromatin organization and transcription factor binding also significantly modulate the rate at which UV lesions form in DNA. The authors propose that local variations in lesion susceptibility may be an important driver of mutational hotspots in melanoma and other skin cancers, particularly at binding sites for ETS transcription factors. (shrink)

This article considers whether or not there are any global egalitarian rights through a critical examination of the political philosophy of Ronald Dworkin. Although Dworkin maintains that equal concern is the special and indispensable virtue of sovereigns and the hallmark of a fraternal political community, it is far from obvious whether the demands of equality stop at state borders. While some scholars in the field—most notably Thomas Pogge—posit the existence of negative rights in relation to social and economic inequalities at (...) the global level, here I try to defend the existence of positive global egalitarian rights by appealing to Dworkin’s own two principles of ethical individualism. I also set out the framework for a version of what I call global luck egalitarianism based on Dworkin’s equality of resources and try to respond to David Miller’s charge that comparative principles of justice do not apply at the global level. (shrink)

Ronald Dworkin’s work on the topic of equality over the past twenty-five years or so has been enormously influential, generating a great deal of debate about equality both as a practical aim and as a theoretical ideal. The present article attempts to assess the importance of one particular aspect of this work. Dworkin claims that the acceptance of abstract egalitarian rights to equal concern and respect can be thought to provide a kind of plateau in political argument, accommodating as it (...) does a number of well-known ethical theories of social arrangement from utilitarianism to libertarianism. The article explores the moral foundations of these egalitarian rights and critically examines five specific reasons for supposing they matter in political debate. It is argued that though these reasons are perhaps less constructive than they might be reasonably expected to be, there is another more fundamental question we can ask about the scope of egalitarian rights the answer to which might ultimately help to explain their fundamental nature and importance. That question is: equality among whom? (shrink)

What is it that makes the involuntarily unemployed, those suffering from genetic disorders and congenital illnesses, and the victims of unforeseen natural disasters the rightful recipients of assistance?

The article sets forth Ronald Dworkin’s efforts to avert the slavery of the talented within his theory of equality, so that they are not forced to work full-time at one type of job, but then criticises Dworkin for failing to apply similar concerns to not so talented workers. It argues that he overlooks the problem of the slavery of the not so talented that results from the tough rules he proposes for dealing with insurance payouts. Finally, it tries to show (...) how this unfairness can be avoided with a better interpretation of the likely outcome of his hypothetical insurance experiment given a better understanding of the motivations of parties operating within that experiment. (shrink)

What is it that makes the involuntarily unemployed, those suffering from genetic disorders and congenital illnesses, and the victims of unforeseen natural disasters the rightful recipients of assistance?